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After Previously Voting With GOP, 52 House Dems Targeted to Oppose 'Nonprofit Killer' Bill
"Every nonprofit across the spectrum of human rights and progressive values is up in arms, begging Democrats to overcome their greed and their spite, and not to hand President-elect Trump the ability to destroy any nonprofit he dislikes with the flick of a pen," wrote one campaigner.
Nov 20, 2024
House Republicans have revived an effort to pass the so-called "nonprofit killer" bill—a piece of legislation that, if passed, would hand U.S. President-elect Donald Trump the ability to sanction civil society groups, including government watchdogs, news outlets, and humanitarian organizations.
A vote on the Stop Terror-Financing and Tax Penalties on American Hostages Act (H.R. 9495), which would allow the Treasury Department to remove tax-exempt status from nonprofits deemed "terrorist supporting organizations," is expected on Thursday.
But a wide coalition of organizations and individuals have voiced their opposition to the bill, including multiple groups that have mobilized to pressure House members to vote against it, particularly the 52 Democrats who previously voted in favor of it.
The controversial bill was blocked last week when 144 Democrats and one Republican voted against the bill after it was fast-tracked under a procedure that requires two-thirds majority support for passage. Republicans then brought it back through the House Rules Committee, teeing it up for a simple majority floor vote.
The 52 Democrats who voted in favor of the bill include Reps. Adam Schiff (D-Calif.), Henry Cuellar (D-Texas), and Ritchie Torres (D-N.Y.).
Groups including Muslims for Progressive Values, Fight for the Future, Council on American-Islamic Relations, and the union The NewsGuild-CWA have launched an advocacy effort to pressure those 52 Democrats to flip their votes and urge all members of the House to vote no on the bill.
"H.R. 9495 is a threat to our basic right to free speech, dissent, and advocacy. Democrats who claim to defend democracy must be called out for their SUPPORT of this bill. This bill will silence non-profits who speak up for human rights of Palestinians, reproductive rights, against deportations or ANY government policies," wrote Muslims for Progressive Values.
Some of Democrats who voted in favor have since said they will no longer support the bill.
Rep. Gabe Vasquez (D-N.M.) released the following statement on Monday: "I have heard loud and clear from folks in my district and understand the concerns of my constituents, non-profit leaders and their staff. The incoming administration's recent Cabinet nominations give me little faith that this tool would be used as originally intended. Therefore, I have decided to vote against H.R. 9495 and will continue acting in our district's and nation's best interests."
There is fear that the bill would, in particular, have a chilling impact on Palestinian rights organizations and pro-Palestine speech.
"This bill was designed to criminalize organizations and activists who oppose the U.S.'s unconditional support of Israel's genocide of Palestinians and the slaughter of Lebanese civilians. Such legislation threatened the constitutional rights of American nonprofits, houses of worship, and advocacy organizations—regardless of political orientation. Lawmakers must understand the serious, long-term dangers of advancing bills or investigations that seek to suppress lawful activism and silence dissent," according to a joint statement issued by Arab and Muslim American groups last week.
Lia Holland, the campaigns and communications director at Fight for the Future, said in a statement that "it's a disappointment but not a surprise to find Democrats voting for a bill to punish student protests against genocide on the wrong side of their entire values system. Over and over again, we've seen how legislative efforts designed to oppress dissent and silence speech end up burning their progenitors."
"H.R. 9495 is no exception—now, every nonprofit across the spectrum of human rights and progressive values is up in arms, begging Democrats to overcome their greed and their spite, and not to hand President-elect Trump the ability to destroy any nonprofit he dislikes with the flick of a pen," Holland added.
Others have also critiqued the proposed legislation on broader civil rights and free speech grounds.
"H.R. 9495 provides no due process or oversight, creating a tool for political retaliation under the guise of 'fighting terrorism.' Trump would abuse this power to retaliate against any [organization] that challenges his agenda. The 52 Dems who initially supported it must reverse course," wrote former Labor Secretary Robert Reich.
Kia Hamadanchy, senior federal policy counsel at the ACLU, said that "every time we give the president new powers and more authority to act alone, we create an open invitation for abuse by the executive branch."
"While the ACLU would oppose this legislation no matter who the president is, and there is no question it could be weaponized against groups on both ends of the ideological spectrum," Hamadanchy added, "the rhetoric we saw on the campaign trail from the president-elect is even more reason for Congress to reject this bill."
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Safeguarding Free Speech and Protecting Civil Rights in America
This bill is not just a threat to pro-Palestinian organizations; it endangers any group that engages in dissent or challenges government policies.
Nov 18, 2024
Congress is once again attempting to silence pro-Palestinian voices and restrict free speech. After failing to secure a two-thirds majority last Tuesday, House leaders are bringing HR 9495 back for a vote today, attempting to pass it with a simple majority. It is deeply concerning that they are doubling down on this dangerous bill—one that would deal a severe blow to free speech and place pro-Palestinian nonprofits and other advocacy organizations in peril. We must unite to defeat this legislation.
Donald Trump has made no secret of his desire for retribution against those he perceives as adversaries. On the campaign trail, he has alluded to taking aggressive actions, joking about being a dictator on "day one" in office, pledging to jail journalists, and threatening to retaliate against political foes. As his return to the White House looms, Congress is moving to hand a Trump administration a powerful tool that could be wielded against ideological opponents in civil society.
Up for a potential new vote as early as today in the House of Representatives, the Stop Terror-Financing and Tax Penalties on American Hostages Act, also known as HR 9495, would grant the Secretary of the Treasury unilateral authority to revoke the tax-exempt status of any nonprofit deemed to be a "terrorist-supporting organization." The bill's vague and overreaching language lacks clear definitions and safeguards, effectively empowering the federal government to investigate and penalize nonprofits based solely on their First Amendment-protected advocacy for human rights. This bill is not just a threat to pro-Palestinian organizations; it endangers any group that engages in dissent or challenges government policies.
The ramifications of HR 9495 are clear: if passed, this law could subject countless nonprofit organizations to harassment, investigation, and unjust penalties simply for engaging in lawful, constitutionally protected advocacy.
For me, this fight is deeply personal. Over 113 of my family members have been killed in Gaza by Israeli forces. This tragic loss has driven me to dedicate my life to advocating for peace, justice, and an end to the suffering that plagues the region. Yet, instead of honoring the rights of individuals who have lost loved ones to violence, Congress is attempting to silence us by pushing bills like HR 9495 that effectively criminalize our grief, our commitment to peace, and our calls for justice. Such legislation adds insult to injury and undermines the principles of freedom and democracy that America professes to uphold.
The ramifications of HR 9495 are clear: if passed, this law could subject countless nonprofit organizations to harassment, investigation, and unjust penalties simply for engaging in lawful, constitutionally protected advocacy. It sets a chilling precedent, blurring the line between political dissent and terrorism in ways that erode our democratic freedoms. By threatening to silence voices advocating for Palestinian human rights, Congress is betraying the constitutional values it claims to uphold, including freedom of speech, association, and the right to petition the government for a redress of grievances.
Our elected officials must protect the constitutional rights of all citizens and organizations, regardless of political ideology or perspective. Now is the time to defend—not restrict—the essential rights that sustain our democracy.
HR 9495 would be a powerful tool to stifle crucial debate about U.S. foreign policy in the Middle East if enacted. It would discourage honest conversations about our nation's role in impacting human rights abroad and inhibit the exchange of ideas necessary for a healthy democracy. For families like mine, this bill adds another layer of trauma—stripping us of the right to speak out about the suffering we have experienced firsthand. It sends a message that our pain is inconsequential and that advocating for peace and justice is unwelcome or, worse, punishable.
Historically, efforts to suppress dissent have never boded well for democracy. From the Red Scare to the Civil Rights Movement, we have seen the dangers of allowing the government to silence voices under the guise of national security. Such actions often lead to the marginalization of minority communities and the erosion of civil liberties for all. HR 9495 threatens to repeat these dark chapters of our history by giving the Treasury Department unchecked power without adequate oversight or accountability.
From the Red Scare to the Civil Rights Movement, we have seen the dangers of allowing the government to silence voices under the guise of national security.
We must ask ourselves: what kind of nation do we want to be? Do we want to uphold the principles of freedom and justice enshrined in our Constitution, or do we want to drift toward authoritarianism, where dissent is punished and minority voices are suppressed? Advocating for peace should never be a crime, and punishing those who do so only deepens the injustices we strive to confront.
We urge members of Congress to reconsider this dangerous path and vote down HR 9495 and any similar legislation that may arise in the future. Our elected officials must protect the constitutional rights of all citizens and organizations, regardless of political ideology or perspective. Now is the time to defend—not restrict—the essential rights that sustain our democracy. By defeating HR 9495, Congress can reaffirm our nation's commitment to justice, free speech, and the power of peaceful advocacy.
In addition to legislative action, we call upon civil society, community leaders, and everyday citizens to raise their voices against this bill. Contact your representatives, write to your local newspapers, and engage in peaceful demonstrations to show that we will not stand by while our rights are eroded. It is through action and solidarity that we can safeguard our collective freedoms.
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House GOP Revives Bill to Let Authoritarian Trump Crush Nonprofits
"We urge the House of Representatives to reject this dangerous bill and to protect our freedom of speech and our right to dissent," said the president of Oxfam America.
Nov 18, 2024
House Republicans have revived and are looking to push through legislation this week that would hand President-elect Donald Trump's incoming administration sweeping power to investigate and shut down nonprofit organizations, including news outlets and humanitarian groups.
The bill, H.R. 9495, failed to pass the House last week despite bipartisan support because the Republican leadership attempted to pass the measure using a fast-track procedure that requires a two-thirds majority vote. More than 50 Democrats, including Rep. Adam Schiff (D-Calif.) and other prominent members, backed the legislation in last week's vote, along with 204 Republicans.
This time, the GOP is attempting to advance the bill through regular order, meaning it can pass with a simple majority. The Republican-controlled House Rules Committee is scheduled to hold a markup hearing for H.R. 9495 on Monday.
After learning of the hearing, advocacy organizations that mobilized against the bill redoubled their warnings about its dire implications for free expression and the right to dissent—particularly in the hands of a would-be authoritarian who has vowed to prosecute his political enemies.
"The bill we defeated days ago is back," the U.S. Campaign for Palestinian Rights wrote on social media over the weekend. "Representatives are trying to ram through H.R. 9495, a repressive bill that could shut down nonprofits & student groups supporting Palestinian rights."
The legislation, if passed, would give the Treasury Department the authority to unilaterally strip nonprofits of their tax-exempt status by designating them supporters of terrorism. As of this writing, Trump has not announced his pick to lead the Treasury Department.
While the bill provides a brief period for an accused nonprofit to defend itself, the ACLU said the provision "is a mere illusion of due process," noting that the federal government would be able to "deny organizations its reasons and evidence against them, leaving the nonprofit unable to rebut allegations."
Abby Maxman, president and CEO of Oxfam America, warned in a statement after Republicans revived the bill that H.R. 9495 "would grant the Trump administration, and any future administration, the ability to silence and censor its critics, curb free speech, target political opponents, and punish crucial organizations that speak truth to power and help people in the United States and around the world."
"This bill would increase the powers of the president at the expense of all of our freedoms, and could impact not only organizations like Oxfam, but other nonprofits, news outlets, or even universities who dare to dissent," said Maxman. "It could put our ability to respond to some of the worst humanitarian crises at risk and prevent us from delivering lifesaving aid to some of the world's most marginalized people."
"This bill follows the same playbook Oxfam has seen other governments around the world use to crush dissent. Now we are seeing it here at home," Maxman added. "We urge the House of Representatives to reject this dangerous bill and to protect our freedom of speech and our right to dissent."
It's not clear whether the U.S. Senate, narrowly controlled by Democrats, would bring H.R. 9495 to the floor for a vote if it passes the House this week, or whether President Joe Biden would sign it into law. But Republicans will gain full control of Congress and the White House starting in January, giving them the ability to push the legislation through at a later date.
"Their rush to reconsider this bill is solely to offer Trump more and more power, while Trump's nominees for key national security posts this week indicate how he will be using it," Rep. Lloyd Doggett (D-Texas), a leading opponent of the measure, toldThe Intercept on Friday.
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